We are pleased (and amused) that judges agree with what foreclosure defense attorney Roy Oppenheim has repeatedly said. The mandatory foreclosure mediation is barely helping homeowners because the banks refuse to reach agreements with the borrowers.The Daily Business Review looked to state and bankruptcy judges to point out some of the main issues with the foreclosure mediation program. The Review sponsored a series of panel discussions where judges were asked to provide insight into the foreclosure mediation process.
Expanding the sanctions that could be imposed on banks was one of the better ideas presented. Chief Judge Peter Weinstein for the 17th Judicial Circuit made note of the fact that borrowers are placed at a disadvantage during mediation because the documents are getting lost by the lenders and borrowers are forced to submit the same paperwork several times.
Judge Weinstein believes some sort of sanction should be imposed to deter lenders from being careless with submitted paperwork. These concerns have been previously addressed by Oppenheim. Back in July, he specifically pointed out to that the banks are constantly loosing documents provided by borrowers and at the banks failure to come prepared to mediation.
“They did not show up to negotiate a solution,” he added. “There’s a systemic pattern here, and that pattern ultimately suggests evidence of sanctionable actions.”
Another concern with Florida’s mediation process was brought by Judge Ronald Dresnick, who said that the mandatory confidentiality during mediation also hinders borrowers from being able to reach an agreement with the lender during mediation.